Terms of Use

Note: Membership terms are about half way down the page.

Terms and Conditions

1. Acceptance of Terms

The website, located at www.OraPub.com (the "Site") has been provided by OraPub, Inc., an Oregon corporation, dba OraPub (hereinafter "OraPub") to any person or entity that accesses, browses, or otherwise uses the Site, either manually or via an automated device or program (hereinafter “User” or “Users”).  The Site is subject to User acceptance of the following Terms of Use ("Agreement") which may be updated by OraPub from time to time. By becoming a User of the Site, User agrees to be bound by all terms of this Agreement. If User has any questions about this Agreement, please contact OraPub at support@OraPub.com before using this Site.

2. Description of Services

OraPub is an Oracle Database Performance Optimization Training provider, where people such as business owners, Oracle Database Administrators and Developer professionals can increase their knowledge. As described above, anyone who takes advantage of the aforementioned software or services in any way, form, or fashion, shall be considered a User for purposes of this Agreement.

3. Conditions of Use

If a User chooses to access the Site, such User must provide certain personally identifiable information, including but not limited to, name, address, and email address, (collectively "Registration Information"). Providing false Registration Information on the Site constitutes a material breach of this Agreement, to which OraPub may immediately terminate User’s access to the Site.  If a User is registered though the use of a proxy, a league manager, or a team captain, that particular representative expressly represents that he, she, or it has the proper authority and permission to register such player or User on the Site.  Any false or misrepresentation of authority is cause for immediate termination of access to the Site.

4. No Endorsement of Content or Businesses

OraPub makes no representations, warranties, or endorsements, express or implied, regarding the quality, accuracy, reliability or condition of any content posted on the Site, regardless of who posted such content or when it was posted or for what purpose it was posted.  OraPub does not control the quality, safety, truth or accuracy of the content that is posted on the Site and makes no representation thereof. OraPub shall have no obligation to review the Site's content and User understands this. All content provided by Users of the Site is the sole responsibility of the User, not OraPub. User understands that by making any use of the Site whatsoever, User may be exposed to content that is inaccurate, misleading, or content that User may otherwise find objectionable. User hereby agrees that User shall evaluate and assume all risks and liability associated with the use of any content, and that under no circumstances will OraPub or any of its affiliates, be liable for any loss or damage of any kind as a result of the use of any content or service providers posted, emailed or otherwise made available through the Site.

5. Acceptable and Lawful Use of Site

Any Registration Information, computer information, or other information User provides to OraPub in connection with User’s use of the Site: (a) shall not be false, inaccurate, deceptive, deceitful, or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses of any kind, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing, invasive of another's privacy, or harm minors in any way; (f) shall not create liability for OraPub or cause OraPub to lose (in whole or in part) the software products or OraPub’s suppliers; and (g) shall not include personal or identifying information about another person who does not wish to be included. User’s shall comply will all applicable laws, statutes, ordinances and regulations regarding use of the Site. OraPub reserves the right to report any wrongdoing, if OraPub becomes aware of it, to the applicable government agencies.  If User breaches any provision of this paragraph, OraPub may not only immediately terminate User’s access to the Site, but User agrees that OraPub shall bring any and all legal action against User allowed within the law for such tortious conduct.

6. Acceptable and Lawful Use of Software

Any use, reproduction, redistribution of any products by User, software or otherwise, that are not in accordance with the intended use of the Site, are expressly prohibited by this Agreement, the law, and can result in severe civil and criminal penalties. OraPub may, at its sole discretion, prosecute violators to the maximum extent of the law.

ANY COPYING, DISTRIBUTION, REPRODUCTION, REDISTRIBUTION, OR FURTHER REDISTRIBUTION OF THE SITE OR ANY SOFTWARE PRODUCTS TO ANY OUTSIDE LOCATION, OTHER SERVER, OUTSIDE PARTY, ENTITY, OR PERSON, IS EXPRESSLY PROHIBITED WITHOUT THE EXPRESS WRITTEN CONSENT OF OraPub.

7. License Granted

User grants OraPub a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright and publicity rights User has in the Registration Information provided to OraPub by User, in any media, whether now known, or hereafter to become known.  OraPub may only use Registration Information in accordance with its Privacy Policy.

8. Relationship

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended to be created or in fact created by this Agreement between User and OraPub. This Agreement is between the User and OraPub and is not intended to be for the benefit of any third party. If there is a dispute between participants on this Site, or between User and any third party, User understands and agrees that OraPub shall not be under any obligation to become involved. In the event that one User has a dispute with one or more other Users or third parties, both Users hereby expressly and unconditionally release OraPub, OraPub’s officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or services. User shall also fully indemnify OraPub, its officers, employers, agents, successors and the like fully for any claims made by a third party, including claims for costs and attorneys fees.   

9. Posting on OraPub

User represents and warrants that User completely owns or otherwise has full lawful rights and control over all of the rights to the content to which User has posted or will post, or use, and such content is of an accurate nature. OraPub reserves the right, but not the obligation, to refuse to post or to remove any content or portions thereof, in any media worldwide if it contains or features any content OraPub, in its sole discretion, deems inappropriate. With respect to content User submits or make available for inclusion on the Site, (“Content"), User grants OraPub a world-wide, royalty-free, perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. This license means that OraPub, its parent, subsidiary or affiliated companies have the unrestricted, perpetual and exclusive right to use, reproduce, modify, transmit, and distribute any and all materials and communications regarding and including submitted reviews, or portions thereof, in any media worldwide.

10. Security

OraPub utilizes reasonably secure servers to protect Users Registration Information. Users shall not disclose Registration Information to third parties. Users understand that they are fully responsible for all activities which occur under their Registration Information. User agrees to immediately notify OraPub in writing of any unauthorized use of User's own account. Anyone deemed a proxy, in charge of another User’s account, a league manager, or a team captain, agrees to refrain from disclosing Registration Information to third parties, unless written consent from OraPub is obtained prior to such information is disclosed.

11. Privacy Statement; Email

Users have read and understand the terms of our Privacy Statement are hereby incorporated into this Agreement by reference as (Exhibit “A”). Users acknowledge that the Site may link to other sites on the World Wide Web which may not controlled by OraPub and that the collection of a OraPub's data by these other sites may be outside the scope of OraPub’s control. OraPub reserves the right to monitor a User's use of the Site in accordance with our Privacy Statement. Users acknowledge that by becoming a User, they consent to receipt of certain email messages from OraPub in connection with the use of the Site and software, including without limitation newsletters, notifications by league managers, captains and other players and reminders of events, event schedules and attendance.

12. System Integrity

Users shall not use any device, software, or routine to interfere with the proper working of the Site. Users shall not use any method to intercept or expropriate any system data or information from the Site without the express written consent of OraPub. Consent shall not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site including but not limited to unsolicited email or Spam. Users shall not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without the prior expressed written permission of OraPub. Information on the Site is frequently updated and is proprietary or is licensed to OraPub. Users shall not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the OraPub web site without the prior expressed written permission of OraPub and the appropriate third party.

13. System Outages

OraPub periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. OraPub shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, mis-delivery, non-delivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.

14. No Warranty

OraPub provides this web site and the software products "as is" and without any warranty or condition, express, implied or statutory. OraPub specifically disclaims, and User expressly waives, any implied warranties of title, merchantability, and fitness for a particular purpose, accuracy of informational content and non-infringement. User assumes total responsibility and risk for use of this site, use of any service providers obtained from this site, the software products, and hyperlinked web sites.

OraPub makes no warranty that the site will meet User’s specific requirements or expectations, or that software products or services will be uninterrupted, timely, secure or error free, nor do we make any warranty as to the results that may be obtained from the use of the software products or as to the accuracy or reliability of any information obtained through the site or that any defects will be corrected. No advice or information, whether oral or written, obtained by a user from OraPub shall create any warranty not expressly made herein. This disclaimer is made to the fullest extent permitted by law.

16. Other Limitations of Liability

OraPub, its parent company, shareholders, affiliates, suppliers or their respective authorized representatives shall not be liable for any indirect, consequential, incidental, special, punitive or exemplary damages, or for any loss of profits or revenue, including but not limited to loss of sales, profit, revenue, goodwill, or downtime, (however arising in tort, contract, or otherwise) regardless of such party's negligence or whether such party knew or should have known of the possibility of such damages. If any court of competent jurisdiction strikes the above clause down for whatever reason, OraPub’s liability shall still be limited to the fullest extent permitted by law. Users understand and agree that the download and upload of any material through this site is done at User’s discretion and risk and that User’s will be solely responsible for any loss or damage to User’s computer system or loss of data that may result in the download or upload of any material. OraPub neither assumes, nor does it authorize any other person to assume on its behalf, any other liability in connection with the provision of the site and software products. The limitations of liability provided in this Agreement inure to the benefit of OraPub, our parent company, shareholders, affiliates and to all of our respective officers, directors, employees, attorneys and agents and, in each case, liability is limited to the fullest extent permitted by law.

17. Indemnification

User shall indemnify, defend and hold harmless OraPub, its parent company, shareholders, subsidiaries, affiliates, officers, directors, employees, agents and advisors from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees and costs) resulting from User's use of the Site or software products provided hereunder by OraPub and Visitor's or User's breach of any provision of this Agreement or any intentional wrongdoing by Visitor or User.

18. Notices

Notices to User and OraPub shall be by email or sent via certified mail, return receipt requested. Email to OraPub shall be sent to support@OraPub.com or, if by certified mail, to OraPub, such notice shall be sent to: 8079 SW Sacajawea Way, Wilsonville, OR 97070.  Email Notices sent to Users within the USA shall be sent to the email address contained in User's Registration Information.  US Mail to User shall be sent to the address User provides.  If User fails to provide such an address then OraPub shall not be under an obligation to locate or sent US Mail.   User is responsible for keeping User's Registration Information current. OraPub shall not be responsible for User's failure to receive notice if User's Registration Information is incomplete, not current, or otherwise inaccurate. Notice sent by email shall be deemed given twelve (12) hours after email message is sent. Users can modify email addresses and other Registration Information previously provided to us by emailing support@orapub.com or by updating their account information online.

19. Electronic Signatures

Any document or record, including this Agreement, which is transmitted or received by electronic transmission by either party shall be treated in all manner and respects as an original signed document where sufficient indicia of acceptance by the respective party exists. Accessing the Site constitutes acceptance of this Agreement by User.

20. Governing Law and Choice of Forum

This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon, exclusive of its choice of law rules and matters affecting copyrights, trademarks and patents under U.S. federal law. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. Any suit relating to this Agreement, the Site or the software products shall be brought exclusively in the courts of San Diego, the Parties consent to the jurisdiction thereof.

21. Miscellaneous

In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this Agreement. The headings used throughout this Agreement are solely for the convenience of reference and are not to be used as an aid in the interpretation of this Agreement. The delay or failure of the Parties, at any time or times, to require performance of any provision hereof shall in no manner affect Party’s right at a later time to enforce such provision. No delay or failure of OraPub’s right in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder. This Agreement and any documents expressly incorporated by reference, including but not limited to the Privacy Policy, constitute the entire agreement between the Parties, pertaining to the subject matter hereof. User understands and accepts that OraPub, in its sole discretion, may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting notice on the Site. Any amended or modified terms will be effective upon posting. Continued use of or visits to the Site constitutes acceptance of any modified terms and conditions. User shall regularly review the Agreement that is posted at http://www.orapub.com/terms.html. OraPub may, at any time, assign its rights or delegate its obligations hereunder without notice to User. No person or entity not an express Party to this Agreement is intended to be a beneficiary of this Agreement, and no person or entity, not expressly made a Party to this Agreement, shall have any right to enforce any terms of this Agreement.

22. Inquiries

The Site is offered by OraPub. OraPub is currently located at 8079 SW Sacajawea Way, Wilsonville, OR 97070. Anyone wishing a copy of this Agreement may obtain such by writing a formal written request to OraPub, accessing the Site, or emailing support@OraPub.com. Questions concerning the Site, the software products, or any aspect of this Agreement should be directed to OraPub.

23. No Spam

User shall not send unsolicited bulk email (spam). All Users are required to accept and adhere to OraPub's anti-spam policy (attached hereto as (Exhibit “B”) and incorporated by reference).

Additional Terms for Account Owners

If a User signs up for a paid OraPub subscription or membership, that User shall be deemed a “Member” and the following additional terms and conditions shall also apply to such User.

1. Membership Owner

A Membership is a non-transferable, single person membership. Any deviation from this definition can result in immediate Membership termination with no Member refund.

We do allow survivorship where the membership can be transferred to another employee of the same company should the member leave the employment of said company. Please notify OraPub immediately if this situation occurs so we can transfer membership to the new member.

2. Membership Fee for Members

The charge to a Member Owner for a membership plan shall be charged on the Member’s credit card at the beginning of each membership period. The membership period begins when the membership is purchased. Pricing for accounts is available on the Membership page of the OraPub.com website.

3. Membership Renewal

The Member's membership plan will be automatically renewed for the next period at the end current period.

4. Membership Cancelation

The Member may cancel their Membership at any time. The Member must contact OraPub at support@orapub.com at least two weeks prior to their Membership renewal and confirm their membership cancelation. OraPub will cancel their membership within five (5) business days. Membership fees are not refunded.

8. Membership Termination

OraPub may terminate Account Owner’s account/membership and services at any time upon notice to Account Owner. OraPub may also, but has no duty, to immediately terminate its services, terminate Account Owner’s access and password and/or remove any content. Upon termination, Account Owner shall remain fully and solely responsible for any applicable transaction fees still due and owing. Termination by Account Owner requires 30 days written advance notice to OraPub. Account Owner may not request a refund for any unused prepayments that were collected by OraPub. All subscription-related refunds will not be pro-rated.

9. Membership Discounts

Any Membership discount is only applied to the initial membership period and not subsequent periods.

10. Items Sold via the OraPub Merchandise Store

Account Owner waives any guaranty or warranty obtained regarding the quality, safety or legality of items advertised, any complaints regarding the accuracy of content or listings, including disputes or complaints regarding the description of items, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction to the fullest extent allowable under the law.

11. Transfer of Items Sold via the OraPub Merchandise Store

OraPub does not transfer legal ownership of items from the seller to the buyer. Nothing in this Agreement shall modify the provisions of California Commercial Code Section 2401(2) which provides in pertinent part "Unless otherwise explicitly agreed title passes to the buyer at the time and place at which the seller completes his performance with reference to the physical delivery of the goods, despite any reservation of a security interest and even though a document of title is to be delivered at a different time or place; and in particular and despite any reservation of a security interest by the bill of lading."

12. Limitation of Liability

OraPub provides the Merchandise Store "as is" and without any warranty or condition, express, implied or statutory. To the fullest extent legally permitted, OraPub specifically disclaims any implied warranties of title, merchantability, and fitness for a particular purpose, accuracy of informational content and non-infringement. Account Owners assume total responsibility and risk for use of the Merchandise Store. OraPub cannot guarantee continuous or secure access to its services and operation of the Merchandise Store may be interfered with by factors outside of its control. OraPub shall not be liable for any loss of money, goodwill or reputation or special, indirect, or consequential damages arising out of Account Owners use of the Store or OraPub's services.

 

Exhibit A

Privacy Policy

 

1. General

OraPub is committed to protecting the privacy of any person or entity that uses, or makes use of its services, products, or system (“User” or “Users”). This privacy policy (hereinafter “Policy”) explains when and how personal information is collected, used, disclosed and protected with respect to the OraPub’s web site located at www.OraPub.com (the "Site"). By using the Site, the User fully understands and consents to the privacy practices described in this Policy, as reasonably modified from time to time by OraPub. User has carefully reviewed this Policy in order to fully understand the OraPub data privacy practices.

2. Personal Information

Personal Information shall be defined, but not limited to, as information that is specifically identifiable to a unique individual, information such as a name, address, individual’s telephone number, e-mail address, account number, information about an individual's activities if directly linked to that person (hereinafter “Personal Information”).  Personal Information also includes, but shall not be limited to, demographic information, such as date of birth, one’s gender, geographic area, and personal preferences if such information can identifiable and unique.

3. Personal Information We Collect

OraPub collects Personal Information from Users in a number of ways, examples of such are: when Users visit the OraPub Site, OraPub collects Personal Information when Users: (1) register and set up an account; or (2) contact OraPub by e-mail for any reason.  When Users visit the OraPub web site, some information is also automatically collected, such as the Users computer's Internet Protocol (“IP”) address, Users computer's operating system, the browser type, the address of a referring web site, and the time and date of Users visit and purchases. OraPub treats this information as Personal Information if it is combined with or linked to any of the identifying information mentioned above.  While these may be some examples of how OraPub can gather and obtain User Personal Information, User shall not consider this to be an exhaustive list.

4. How We Use Personal Information

OraPub uses Personal Information to process User requests and provide Users with services, to inform Users about other products, to provide Users with products and/or services OraPub believes may be of interest to the User. When OraPub uses User Personal Information in its own marketing efforts, OraPub provides Users with options and do not disclose the User’s Personal Information to third parties, except as described in this Policy. Personal Information provided online may be linked together or merged with other Personal Information so that OraPub may better understand User needs and inform Users about OraPub products or services. OraPub also uses User Personal Information to send Users informational e-mails, including without limitation to newsletters, notifications by account owners, project managers, forum moderators, league managers, group members, and reminders of event schedules and attendance.

5. Emails

If Users send emails through the OraPub Site, the User must understand that the email will include email address and any personal message included. Due to the nature of the e-mail being sent from the OraPub Site, these emails are not private communications and therefore are not confidential. OraPub has no responsibility to keep such information confidential if User sends emails through the OraPub Site.  User shall not use the Site or any software provided through the Site to send spam or content that violates this agreement or any other User agreement.

6. Security

OraPub has put security measures into place in an effort to protect User’s Personal Information while such information is under OraPub control. All Personal Information relating to Users are stored in a reasonably secure environment, separate from the Site. User’s account information is accessible online only through the use of a confidential password. To protect the confidentiality of Personal Information, User must keep its password confidential and not disclose it to any other person. User is solely responsible for all uses of the Site by any person using User password. User shall advise OraPub immediately if User believes its password has been misused or improperly obtained.

7. Control of Personal Information

OraPub gives the User the opportunity to opt-out of receiving communications from OraPub and to view, correct, or delete User’s own Personal Information. OraPub does not sell, rent, or share Personal Information with third parties without User’s prior consent, except in the limited circumstances, such circumstances described in this Policy. OraPub may share Personal Information with third-party vendors who assist OraPub in performing functions necessary to operate OraPub’s own business. These functions may include, but are not limited to, website hosting, credit card transaction processing, and data entry. OraPub limits User Personal Information shared with OraPub third-party vendors to that which OraPub believes is necessary to carry out those functions. In addition, OraPub may disclose Personal Information in the good faith belief that OraPub are lawfully authorized to do so, or that doing so is reasonably necessary to comply with legal process or authorities, respond to any claims, or to protect the rights, property or personal safety of OraPub, its users, its employees or the public. Information about OraPub Users, including Personal Information, may be disclosed or transferred as part of, or during negotiations of, any merger, sale of company assets or acquisition.

8. Cookies, IP Addresses and URLs

Automatically Collected Information: OraPub automatically receives certain types of Personal Information whenever a User interacts with OraPub. For example, when a User visits the Site, OraPub automatically collects the User IP address and the type of browser the User uses. Information may be automatically collected through the use of a term called "cookies." OraPub also collects various types of information called ‘clickstream information’, which is information about Users browsing behavior, such as IP address information, entry and exit points for the Site, search terms, web site addresses User visits, page views, and impressions. Cookies are also collected.  Cookies are small text files placed on Users hard drive by a web site when Users visit a particular website. These files identify a User’s computer and record a User’s preferences and other data about a User’s visit so that when the User returns to the site, the site knows who the User is, and can personalize the User visit. Most browsers automatically accept cookies as the default setting. Users can modify the setting to reject cookies or to prompt Users before accepting a cookie from the sites User visit by editing browser options. OraPub may place or recognize a unique cookie on Users browser to enable Users to receive customized content or services. Any cookies made available to shopping carts or other tracking information sent to third parties will reflect only de-identified demographic or other data linked to data Users have voluntarily submitted to OraPub, will be encrypted, and will not be used to identify Users individually. If Users decide not to accept OraPub cookies, Users will still be able to access those parts of the OraPub site available to the general public, but Users may not be able to login or use the site's features or services, and Users may have a less satisfactory experience.

9. Links to Other Web Sites

The OraPub Site may contain links to other web sites. Any Personal Information User provides on the linked pages is provided directly to that third party and is subject to that third party's privacy policy. Except as described above, OraPub is not responsible for the content or privacy and security practices and policies of web sites to which OraPub links. Links from OraPub’s Site to third parties or to other sites are provided for User convenience. OraPub encourages Users to learn about their privacy and security practices and policies before providing them with Personal Information.

10. Policy Changes

OraPub reserves the right to change or alter this Policy at any time. OraPub may use User Personal Information for new, unanticipated uses not previously disclosed in this Policy. If OraPub’s privacy practices change, OraPub will post the policy changes to our web site and notify Users by indicating the date the privacy policy was last updated. OraPub encourages Users to check back at the OraPub Site periodically if the User is concerned about how the Users Personal Information is used.